The flooring products in questions allegedly release formaldehyde, which can affect people's health and well-being.

The flooring products in questions allegedly release formaldehyde, which can affect people’s health and well-being.

Los Angeles, CA — It’s bad enough to be facing a parade of lawsuits ranging from allegations of stock price affectations to defective products. However, when Anderson Cooper and the venerable 60 Minutes comes knocking at your door, you know you’re not going to have a good day.

Such are the issues facing Lumber Liquidators, a US vendor of Chinese flooring products that are alleged to have not only failed California’s so-called CARB-2 safety standards, plaintiffs also claim levels of formaldehyde in the products exceed safe limits by serious margins.

The issue takes on greater significance given the adoption of the California Air Resource Board Phase 2 (CARB-2) emissions standard for formaldehyde in manufactured products as the US standard several years ago, which finally comes into effect nationwide later this year.

According to the report aired on 60 Minutes, glue used in the production of laminate flooring can sometimes contain formaldehyde. In low levels it’s not considered a problem, especially when the formaldehyde is encased in the product, preventing emissions from escaping into the air.

The problem with Lumber Liquidators Flooring formaldehyde, according to the allegations, is that a greater level of formaldehyde is used in the production of products for Lumber Liquidators, in an effort to keep costs down.

Such a high level of formaldehyde, according to environmental experts interviewed by CBS News for 60 Minutes, can succeed in escaping from the product into the air, making homeowners ill.

That’s the allegation carried in a Lumber Liquidators Defective Flooring Class Action Lawsuit filed by John and Tracie-Linn Tyrrell in federal court in California March 5.

According to the Richmond Times Dispatch (3/5/15), John Tyrrell began experiencing symptoms that include extreme shortness of breath, weakness, fatigue, and incessant coughing and sneezing shortly after he and his son-in-law installed the laminate flooring.

“Despite repeated medical tests, his doctors have not been able to identify the cause of these symptoms,” the lawsuit claims.

The proposed class action seeks to represent any consumer who purchased Chinese flooring products from Lumber Liquidators in the last four years. They seek re-imbursement for the material and installation, as well as unspecified damages.

The lawsuit also seeks to force Lumber Liquidators’s hand by having an injunction granted, preventing the company from selling the allegedly defective products.

“Based on lawsuits, articles and blog posts, [Lumber Liquidators] knew or should have known that its laminate wood flooring products were not compliant with [California emissions] standards,” the lawsuit said.

“Despite this knowledge, defendant failed to reformulate its flooring products so that they are compliant or to disclose to consumers that these products emit unlawful levels of formaldehyde.”

Lumber Liquidators, according to the Dispatch report, is “currently reviewing the allegations contained in this lawsuit,” the company said.

“It appears that many of the claims mimic contentions raised in a separate suit that was filed by a law firm that also represents a short-seller, which looks to benefit from decreases in our stock price, in another action against us. We believe in the safety of our products and intend to defend this suit vigorously.”

Out of 31 samples of Chinese flooring products imported by Lumber Liquidators independently tested by 60 Minutes at two certified testing labs, all but one sample presented with seriously high levels of formaldehyde that exceeded state and pending federal guidelines.

Upon dispatching reporters to the manufacturing facility in China, 60 Minutes was told the facility had the capability of manufacturing to the CARB-2 standard, but switched to cheaper manufacturing methods that utilized higher levels of formaldehyde in the wood glue for products manufactured for Lumber Liquidators.

Officials of the manufacturing facility also admitted to 60 Minutes reporters using a hidden camera that products were improperly labeled as CARB-2 compliant, or so it is alleged.

In a filing, Lumber Liquidators said “we believe that ‘60 Minutes’ used an improper test method in its reporting that is not included in California regulations and does not measure a product according to how it is actually used by consumers. We stand by every single plank of wood and laminate we sell all around the country.”

The case is John Tyrrell et al v. Lumber Liquidators Inc., Case No. 2:2015cv01615, California Central District Court.

Source: LawyersandSettlements.com

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Hair stylists who use certain products may harm their health.

Hair stylists who use certain products may harm their health.

NEW YORK – All a receptionist at Salon Zoë hair salon wanted to do was make her fellow employees aware of health hazards associated with products containing formaldehyde that were regularly used by haircutters and stylists at the business in the Riverdale section of the Bronx.

Her employer responded by firing her.

As a result, the U.S. Department of Labor is suing the business and its owner, Kristina Veljovic, for discrimination, and seeking redress and compensation for the worker who exercised her rights under the Occupational Safety and Health Act.

“This firing was illegal and inexcusable,” said Robert Kulick, regional administrator in New York for the Labor Department’s Occupational Safety and Health Administration.

“It’s against the law to fire or otherwise retaliate against an employee for informing colleagues about possible health hazards in their place of employment. Such behavior not only intimidates workers, it also can deny them access to knowledge that will protect them against workplace hazards.”

The suit filed in the U.S. District Court for the Southern District of New York says the worker began to experience respiratory distress in December 2011, including difficulty breathing and an impaired sense of smell. She sought medical attention on multiple occasions over the next several months. During this period, she also told her employer that she believed the salon’s hair-straightening products, which contain formaldehyde, were causing her health problems.

On June 27, 2012, she informed fellow employees of the presence of formaldehyde in the salon’s products and provided several co-workers with copies of an OSHA fact sheet* detailing the dangers of formaldehyde exposure.

Two days later, Kristina Veljovic terminated her employment. In July 2012, a physician confirmed that the worker’s respiratory distress resulted from her formaldehyde exposure at work. She subsequently filed an antidiscrimination complaint with OSHA, which investigated and found merit to her complaint.

“No employee should be fired for raising awareness of a potential workplace health hazard,” said Jeffrey Rogoff, the regional Solicitor of Labor in New York. “Under the Occupational Safety and Health Act, the Labor Department has the authority to file suit against employers who retaliate against employees and it will do so when the case warrants. This is clearly one of those cases.”

The department’s lawsuit asks the court to affirm the discrimination charge and permanently prohibit the defendants from illegally retaliating against employees in the future.

It also seeks payment of lost wages as well as compensatory, punitive and emotional distress damages to the employee, an offer of reinstatement with full benefits and seniority and the removal of all references to the matter in the worker’s employment records.

It would also require the employer to prominently post a notice that she will not discriminate against employees.

In a related action, OSHA’s Tarrytown Area Office conducted an inspection of Salon Zoe and cited the company in December 2012 for lack of a chemical hazard communication program and for not providing the salon’s employees with information and training on formaldehyde and other hazardous chemicals.

OSHA enforces the whistleblower* provisions of the OSH Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available here.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

Source: OSHA

Remove dangerous chemicals in salons and spas

Hair salons, beauty centers and spas often use products that can contain and emit harmful chemicals and fumes.

Electrocorp's CleanBreeze 3 was conceived specifically for salons and spas

Electrocorp’s CleanBreeze 3 was designed for beauty salons and spas

These substances can affect worker health and well-being, especially after long-term exposure.

Electrocorp has designed a wide range of air cleaners for the hair styling and beauty industry, which help remove harmful fumes, chemicals, particles, odors and other contaminants from the ambient air.

Other air purifiers, such as Electrocorp’s CleanBreeze3, comes with a source capture attachment that can be positioned close to the head where the treatment is being used and helps remove harmful chemicals such as formaldehyde before they spread.

For more information and a free consultation, contact Electrocorp by calling 1-866-667-0297 or writing to sales@electrocorp.net.

IBM and plaintiffs settle over TCE spill suit.

IBM and plaintiffs settle over TCE spill suit.

IBM Corp. will settle a lawsuit brought by 1,000 plaintiffs who alleged that toxic spills from the company’s former Endicott manufacturing plant caused illnesses and deaths, damaged property values and hurt businesses.

Both sides announced the settlement without revealing details of the agreement.

“IBM and the plaintiffs’ counsel have reached this agreement in an effort to resolve these cases without further burdensome and expensive litigation,” said the joint statement from the litigants.

The settlement brings to a close a more-than six-year saga in which IBM and those who claim they were harmed by the toxic releases waged a fierce legal battle on monetary rewards.

Affected residents, in a multi-million-dollar liability lawsuit against IBM, claimed the company should pay for the damage caused to residents around what once was the company’s main domestic manufacturing facility.

From 1935 to the mid-1980s, IBM used TCE (trichloroethylene) to clean metal parts in degreasers at its industrial campus in the Village of Endicott. In 1979, the company discovered some of the TCE had pooled in groundwater beneath the facility and appeared to be migrating.

Soil vapor intrusion

Contamination from soil vapor intrusion was detected by the late 1990s, and by 2002, IBM began testing the air at the request of state health and environmental agencies. Basement ventilation systems were eventually installed in more than 400 homes.

Settlement negotiations between the parties began last July, when state Supreme Court Justice Ferrous D. Lebous requested that representatives of both sides start meeting about an out-of-court settlement. Negotiations were apparently successful, culminating with Tuesday night’s release that the parties agreed to a settlement that satisfied both sides.

Lawyers of those who brought the suit against IBM said they will conduct meetings with clients over the coming weeks to present terms of the settlement.

IBM representatives said the company will continue the environmental cleanup that has been ongoing since the widening toxic plume was discovered.

Pumps spread throughout Endicott pull pollution from the ground through structures called recovery wells.

Over time, these wells have grown in number from four to more than 22, and to date, they have recovered more than 815,000 pounds of trichloroethylene and other toxic chemicals, with an unknown amount remaining beneath the village.

Company officials have never publicly explained IBM’s role in the disaster, and their legal position was that the company always handled chemicals responsibly and in accordance with standards of the day. They have not denied their former operations were a primary contributor to the pollution. They have not admitted it, either, nor have they offered a detailed explanation of the source of the problem.

Cleaning up industrial solvents

Representatives of the company said it was cleaning up the solvents from multiple industries that have operated in the region’s industrial corridor for generations. Endicott was also home to the vast shoe manufacturing empire of Endicott Johnson Corp., once the region’s largest employer.

However, the toxic-liability suit named only IBM as the source of the chemicals that tainted parts of Endicott’s commercial district and nearby residences.

IBM sold the 140-acre campus to Huron Real Estate Associates in 2002. Current tenants include i3 Electronics (formerly Endicott Interconnect), BAE Systems and Binghamton University, among others.

Lawyers for IBM have long contended it was following the responsible path, picking up the sizable costs for cleaning the spill and providing venting systems for properties designated at-risk for vapor intrusion.

Both sides scored initial victories as the case wound its way through the courts. Lower courts ruled against IBM’s motion to have the case dismissed, and ruled in favor of a plaintiff’s motion to have charges of negligence — the underpinnings of the case — tried before a jury.

But lower court rulings also eliminated or limited some aspects of the litigation, including the charge that the pollution constitutes a trespass in all cases, and the claim that IBM should be held accountable for monitoring the medical condition of all plaintiffs, including non-property owners.

IBM was also able to limit claims for medical monitoring to only people claiming other damages, such as illness or property loss. That eliminated claims for a potentially large group of plaintiffs — renters and children, for example — who may have been exposed but did not develop illnesses or suffer property damage.

Source: PressConnects

Remove TCE and other gases with air cleaners

Soil vapor intrusion and other sources of chemical exposure can affect health and well-being – especially with long-term exposure.

Electrocorp offers industrial-strength air cleaners with activated carbon and HEPA plus optional UV filtration to remove dangerous pollutants from the ambient air – no matter how big the space. Activated carbon is a trusted filtration media for chemicals, gases, fumes and odors, and it can remove hundreds of chemicals, including TCE, formaldehyde and benzene.

Check out Electrocorp’s air cleaners for chemical and odor control and contact Electrocorp for a free consultation: Call 1-866-667-0297 or write to sales@electrocorp.net.

Electronic cigarettes can produce more formaldehyde than regular cigarettes

Fumes from e-cigarettes can affect your health.

Fumes from e-cigarettes can affect your health.

A preliminary study in the New England Journal of Medicine raises a new worry about electronic cigarettes – exposure to formaldehyde.

Under certain conditions, taking 10 puffs from an e-cigarette would expose a user to about 2.5 times as much formaldehyde as he or she would get from smoking a single tobacco cigarette, according to the study.

Formaldehyde is the pungent chemical that was used to preserve the frog you dissected in your high school biology class.

It’s used as an industrial disinfectant and as an ingredient in permanent-press fabrics, plywood, glues and other household products, according to the National Cancer Institute.

It is also formed when the propylene glycol and glycerol in e-cigarette liquids and oxygen are heated together.

The World Health Organization’s International Agency for Research on Cancer says formaldehyde can cause leukemia and nasopharyngeal cancer. The U.S. Environmental Protection Agency considers the chemical a “probable human carcinogen.”

In experiments at Portland State University, researchers used a tank system type of electronic cigarette to produce nicotine vapor.

The e-liquid vapor was captured in a tube and analyzed using a technique called nuclear magnetic resonance spectroscopy. Each sample consisted of 10 puffs of vapor (at 3 to 4 seconds per puff) collected over 5 minutes.

When the e-cigarette was used on the “low voltage” setting of 3.3 volts, the researchers didn’t detect any formaldehyde in the vapor. However, when the device was on the “high voltage” setting of 5 volts, they measured an average of 380 micrograms of formaldehyde per sample.

Based on these results, the research team estimated that an e-cigarette user who vaped 3 milliliters of e-liquid per day would breathe in at least 14.4 milligrams of formaldehyde. The actual daily exposure is probably higher, they wrote, because their experiments failed to capture all of the vapor the e-cigarette produced.

For the sake of comparison, a 2005 study in the journal Regulatory Toxicology and Pharmacology estimated that a person who smoked a pack of 20 cigarettes would inhale 3 milligrams of formaldehyde in the process.

The researchers calculated that the lifetime cancer risk incurred by inhaling formaldehyde would be 5 to 15 times higher for long-term e-cigarette users than for long-term tobacco smokers.

Proponents of electronic cigarettes were quick to criticize the study for testing the devices under conditions that don’t reflect actual use.

If a person were to take 4-second puffs on a high voltage setting, they would experience a “very harsh and awful taste,” Bill Godshall, an advisor to the Consumer Advocates for Smoke-free Alternatives Assn., said in a statement distributed by the American Vaping Assn.

Gregory Conley, the group’s president, added that e-cigarette users take shorter puffs as they increase the voltage on their devices. “These are not settings that real-life vapers actually use,” he said.

But study coauthor James Pankow, a chemistry professor and expert on cigarette smoke dangers at Portland State University, said the line between e-cigarettes and tobacco cigarettes was growing fuzzier by the day.

“No one should assume e-cigarettes are safe,” he said in a statement. “For conventional cigarettes, once people become addicted, it takes numerous years of smoking to result in a high risk of lung cancer and other severe disease; it will probably take five to 10 years to start to see whether e-cigarettes are truly as safe as some people believe them to be.”

Source: Los Angeles Times

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Bar tending and waitressing (especially in smoky environments) can affect your lungs.

Bar tending and waitressing (especially in smoky environments) can affect your lungs.

Your lungs work hard. Most adults take more than 20,000 breaths a day. But just how well your lungs do their job may be affected by the job you do.

Chemicals. Germs. Tobacco smoke and dirt. Fibers, dust, and even things you might not think are dangerous can damage your airway and threaten your lungs.

“The lungs are complex organs,” says Philip Harber, MD, MPH, professor of public health at the University of Arizona in Tucson. “Occupational and environmental exposures can lead to scarring or fibrosis, asthma, COPD, and infection or cancer.”

The good news: Many on-the-job lung dangers are preventable. Depending on your line of work, making certain changes can be key: Improve ventilation, wear protective equipment, change the way you do your work, and learn more about hazards, for examples.

Here are 10 jobs where precautions may help you avoid work-related lung damage.

1. Bartending and Waitressing

Secondhand smoke has been linked to lung cancer. It remains a threat to workers in cities where smoking hasn’t been banned in public places. Casino workers also can find themselves in a cloud of smoke.

No one’s going to wear a respirator while serving martinis or dealing a blackjack game. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings won’t keep nonsmokers from being exposed.

Short of working to change policy, the best solution may be to find another job.

“Unfortunately, the individual worker has limited options,” says Susanna Von Essen, MD. She’s a University of Nebraska Medical Center professor of internal medicine in the division of pulmonary, critical care, sleep, and allergy.

2. Housekeeping and Cleaning

Some cleaning supplies, even so-called “green” or “natural” products, have harmful chemicals that have been linked with developing asthma.

“Cleaners are reactive chemicals, meaning that they react with dirt and also with your lung tissues,” Von Essen says.

Some release volatile organic compounds, which can contribute to chronic respiratory problems and allergic reactions. Read labels and follow instructions.

Consider using “simple cleaning agents like vinegar and water or baking soda,” Von Essen says. Open windows and doors to keep the area well ventilated, too.

3. Health Care

Doctors, nurses, and other people who work in hospitals, medical offices, or nursing homes are at increased risk for lung diseases such as tuberculosis, influenza, and severe acute respiratory syndrome (SARS).

So, health care workers should keep up with immunizations (including the flu vaccine) that the CDC recommends for them.

Health care workers may also develop asthma if latex is used in gloves or other supplies. Latex-free synthetic gloves are an alternative.

Hair stylists who use certain products may harm their health.

Hair stylists who use certain products may harm their health.

4. Hair Styling

Certain hair-coloring agents can lead to occupational asthma. Some salon hair-straightening products contain formaldehyde, a known carcinogen. It’s also a strong eye, nose, throat, and lung irritant.

Good ventilation is important. Because wearing a respirator might cause appointments to cancel, know what’s in the products you’re working with. If they’re not safe, find a safer product.

5. Manufacturing

Some factory workers risk getting asthma or making their existing asthma worse. Asthma not caused by work but made worse by it affects as many as 25% of adults with asthma, Harber says.

Factory workers can be exposed to everything from inhaled metals in foundries to silica or fine sand, which can lead to silicosis, a disease that scars the lung, or increased risk of lung cancer.

A lung disorder called “popcorn lung,” or bronchiolitis obliterans, has been seen in plant workers exposed to some of the flavoring chemicals used to make microwave popcorn. Again, respirators and proper ventilation are key for those workers. (No risk of “popcorn lung” has been seen in people who eat that popcorn.)

6. Construction

Workers who demolish old buildings or do remodeling can be exposed to asbestos used as insulation around pipes or in floor tiles.

Even minimal exposure to its microscopic fibers has been linked to a variety of problems. One is mesothelioma, a form of cancer, Von Essen says.

Exposure also seems to raise the risk of small-cell lung cancer and can lead to asbestosis, or scarring of the lung. Removal should be left to trained and licensed crews.

“Know where the asbestos is,” Von Essen says. “Follow all the rules and don’t take chances.”

7. Farming

Working with crops and animals can lead to several disorders. Hypersensitivity pneumonitis is a rare but serious problem caused by repeated exposures to mold-contaminated grain or hay. The lung’s air sacs become inflamed and may develop scar tissue.

Grain in metal bins can get moldy. Breathing dust from this grain can lead to fevers, chills, and a flu-like illness called “organic dust toxic syndrome.” Farmers also are more likely to report a cough and chest tightness.

“We think about 30% of farmers who grow crops in this way have had that at some point,” Von Essen says. Workers in hog and chicken barns sometimes get an asthma-like syndrome.

“Dust and ammonia levels together seem to be risk factors,” she says. Keep grain from getting damp, ensure adequate ventilation, and wear a respirator.

8. Auto Body Spray Painting

People who work in auto body shops are often exposed to chemicals known as isocyanates. They’re a significant cause of occupational asthma.

“It’s frequently a career-ending disease where they need to leave their profession,” Harber says.

Using quality respirators that are appropriate for your task can lessen the risk. It also helps to enclose the area being sprayed and to have a ventilated exhaust system. Better yet, replace hazardous materials with safer ones.

9. Firefighting

Firefighters are exposed to toxic chemicals that may affect their health. Photo: www.freedigitalphotos.net

Firefighters are exposed to toxic chemicals that may affect their health.
Photo: http://www.freedigitalphotos.net

People who battle blazes are exposed not only to the fire, but also to other materials, including burning plastics and chemicals. Firefighters can significantly lower their risk of lung disease and other problems by using a “self-contained breathing apparatus” (SCBA). These devices should also be used during “mop up” or the clean-up period.

“Many of the chemicals are still in the air,” Harber says. Ventilation also is critical.

10. Coal Mining

Underground miners are at risk for everything from bronchitis to pneumoconiosis, or “black lung.” It’s a chronic condition caused by inhaling coal dust that becomes embedded in the lungs, causing them to harden and make breathing very hard.

“This can cause progressive massive fibrosis and can kill people,” Von Essen says.

Again, protective equipment can limit the amount of dust inhaled.

Source: WebMD

Concerned about poor indoor air quality at work? Electrocorp offers dependable, affordable and portable air cleaners with the right air filters to remove dangerous indoor air pollutants. Contact Electrocorp for more information and options.

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